in Re: Earnest Carl Wilson

Opinion

6-96-028-CV Long Trusts v. Dowd

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00031-CV

IN RE: EARNEST CARL WILSON

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Original Mandamus Proceeding

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

            Earnest Carl Wilson has filed a petition for writ of mandamus in which he asks this Court to order the district clerk of Harrison County, Sherry Griffis, to comply with the provisions of an order granting expunction that was entered by the 71st Judicial District Court. Our authority to provide mandamus relief is circumscribed by the statute which provides such authority. This Court has jurisdiction to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district." Tex. Gov't Code Ann. § 22.221(b) (Vernon 2004). In the context of this situation as described by the relator, we have no mandamus jurisdiction over a district clerk.

            We deny the petition.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          March 6, 2006

Date Decided:             March 7, 2006